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FROM IDEAS TO SOCIAL ENTERPRISE: A

GUIDE TO UTILISING UNIVERSITY

INTELLECTUAL PROPERTY FOR THE BENEFIT

OF SOCIETY

Josh Lange, University College London

EMES Conference, July 2013

Contact: jl387@exeter.ac.uk

FIRST PROBLEM: WHY DO UNIVERSITIES NEED

GUIDANCE ON UTILISING INTELLECTUAL PROPERTY

FOR THE BENEFIT OF SOCIETY?

SECOND PROBLEM:

WHO WOULD YOU PUT ON A TEAM TO WRITE A

COMPREHENSIVE GUIDE FOR CREATING

SOCIAL ENTERPRISES WITH UNIVERSITY

KNOWLEDGE, SKILLS, AND RESEARCH?

SOLUTION: BUILD A DIVERSE AND

KNOWLEDGE-BASED TEAM

Professor Muki Haklay, UCL Engineering (project owner and research supervisor)

Ana Lemmo-Charnalia, UCL, Enterprise (project manager and content writer)

Josh Lange, UCL, Language Centre (editor and content writer)

Hannah McDowall, Madeleine Gabriel, UnLtd. (content writers)

Sonia Nikolovski, University of Manchester TTO (content writer)

Gillian Green, University of Manchester (content writer)

External consultants: Legal, Accounting, and Graphic Design

THIRD PROBLEM: GETTING THE LANGUAGE

RIGHT

SOLUTION: WHAT DO WE MEAN BY „SOCIAL

ENTERPRISE‟ IN RELATION TO HIGHER EDUCATION?

Academics love definitions

Ouch! There are differences even between the

official UK and EU definitions of SE

Most formal definitions of SE will carry the basic

idea that a social enterprise is a business that uses

its surpluses to achieve social objectives.

But it‟s important to emphasize that SE „addresses

neglected societal problems‟ (Santos 2012)

Similarities/differences to a for-profit business

Defining through registered organisational form

SOLUTION: WHAT DOES „INTELLECTUAL PROPERTY‟

MEAN IN THE UNIVERSITY CONTEXT?

• Design, trademarks, patents, copyright Formal IP

• Specialised information that assists the licensee or assignee in the use of the IP. This might include technical (e.g. a secret method or recipe, unpublished research findings) or non-technical information (exclusive marketing or business information). Some know-how might be protected by confidentiality agreements or by copyright laws.

Subject matter

expertise

• Materials that might be needed by the IP licensee/assignee in order to produce the service/product. These materials may not be available elsewhere and so a separate agreement relating to the transfer of these materials from the HEI to the licensee/assignee will be needed.

Tangible items

SOLUTION: THE GUIDE MUST COMMUNICATE TO

MULTIPLE STAKEHOLDERS IN UNIVERSITY IP

“Terms borrowed from the corporate lexicon…invariably grates on the academic mind and threatens to widen the gulf between faculty and administration” (Bok, 2003, p.335).

Social Enterprises Utilising University IP:

Utilise the high level of skills, knowledge and abilities of academic and research staff

Impact positively on HEI communities, particularly in inner city areas by addressing relevant social and environmental problems

Enrich the learning and research experience by testing ideas for solutions of social and environmental problems in everyday economic environments

Align with HEI charitable goals and public relations initiatives

WHAT LANGUAGE DID WE NEED TO CHANGE TO

COMMUNICATE TO ALL STAKEHOLDERS?

„Creating sustainable solutions with IP‟

„Utilising IP for the benefit of society‟

Negotiating in-principle agreements

Formulating in-principle agreements

Negotiating the use of IP

Agreeing on the use of IP

Technology transfer office

Knowledge transfer office

FOURTH PROBLEM: PHILOSOPHICAL

POSITIONING

POSITION 1: MONEY IS THE ROOT OF ALL

UNIVERSITY INTELLECTUAL PROPERTY

“Universities share one

characteristic with compulsive

gamblers and exiled royalty: there

is never enough money to satisfy

their desires”

- Derek Bok, 2003

POSITION 2: DO UNTO OTHERS AS YOU WOULD DO

UNTO YOUR UNIVERSITY INTELLECTUAL PROPERTY

“Social enterprise plays an

important role and resonates

particularly with UCL, which it

might be argued, was originally

set up as a social enterprise”

– Stephen Caddick, 2013 (in the foreword to

the Guide)

SOLUTION: SANTOS‟S (2012) VERSION OF ADAM

SMITH‟S ECONOMIC AND MORAL PHILOSOPHY

Self-Interest Edifice Others-Regarding Edifice

Sustainable Competitive Advantage

Logic of Control (5 Forces)

IP Protection and Trade Secrets

Maximize Profits

Firms

Capture Value

Incentives

Self-Interest

Sustainable solutions

Logic of Empowerment

Share knowledge, Open Source

Maximize Societal Impact

Community / Solution

Create Value

Intrinsic Motivation

Others-Regarding

SOLUTION: NEW UK/EU POLICIES REQUIRE

UNIVERSITY IP TO BENEFIT SOCIETY

RCUK Excellence to Impact Framework (2012): „improving health and well-being‟, „enhancing the research capacity, knowledge and skills of public, private and third-sector organisations‟„environmental sustainability, protection and impact‟ and „enhancing cultural enrichment and quality of life‟

UK Public Services Act (2013): social value must be considered as part of all public sector commissioning processes

European Commission SBI (25.10.2011): research should support employability, social inclusion, and ethical trade

Higher Education Funding Council for England (2012): HEIs have vast but largely untapped capacity to build the next generation of financially profitable and environmentally sustainable social enterprises

FIFTH PROBLEM: THE GUIDE MUST SUPPORT

BOTH ACADEMIC SOCIAL ENTREPRENEURS

AND KTO STAFF TO MAKE GOOD DECISIONS

ABOUT IP

One-page university IP social business sketch checklist

Relationship matrix between knowledge transfer offices and social entrepreneurs

Process of agreeing on university IP scenario tool

In-principle agreement negotiation preparation questionnaire

University intellectual property social benefit equity formula

Social impact measurement principles and categories for university IP

Model agreements that adhere to UK contract law

Case studies from diverse faculties, university contexts, and organisational forms

SOLUTION: PRACTICAL TOOLS THAT EVEN AN

ACADEMIC ECONOMIST CAN USE

EXAMPLE:

UNLTD. PRINCIPLES FOR MEASURING IMPACT

Decide what to measure

Identify robust indicators of outputs and outcomes

Decide what types of evidence are needed

EXAMPLE: MEASURING IMPACT OF UIP

Beneficiaries

Results

Costs

Alternatives

Benefits

Externalities

EXAMPLE: MEASURING IMPACT OF UIP

Beneficiaries: What information about the beneficiaries is relevant to organisational aims? (e.g. age, sex, disability, employment status, etc.).

Results: What measureable outcomes does this social venture actually achieve? (e.g. number of patients saved by a university-developed heart-monitoring device in a specified time period).

Costs: How much does it cost to provide each service? (e.g. some organisations calculate the cost of volunteers as if they were paid minimum wage).

Alternatives: What would have happened if the social venture had never intervened? (e.g. 1 million patients in developing countries would be unable to afford a life-saving treatment).

Benefits: How can the value of this social venture be shown? (e.g. short/long term quantitative results OR a financial cost determined concerning the implications for society - i.e. alternatives - without this venture).

Positive Externalities: Are there any unplanned benefits coming out of this social venture that can be quantified? (e.g. beneficiaries or staff supplement the existing technology with a profit-making enhancement)

THANKS FOR LISTENING

DOWNLOAD YOUR FREE COPY OF „THE GUIDE‟ BY

GOING TOWWW.UNLTD.ORG.UK OR

SEARCHING THE INTERNET FOR:

FROM IDEAS TO SOCIAL ENTERPRISE: A GUIDE TO

UTILISING UNIVERSITY INTELLECTUAL PROPERTY FOR THE

BENEFIT OF SOCIETY

Contact Josh Lange: jl387@exeter.ac.uk